ings relating thereto, as if the warrant, under which it was attached, was the first warrant. New. junior in action plaintiff and sheriff jointly. § 703. Where the plaintiff in a warrant of attachment has Rights of commenced an action, in the name of himself and the sheriff jointly, plaintiff as prescribed in this title, a plaintiff in a junior warrant may apply by senior to the court or judge, to direct as to the conduct, discontinuance, or settlement of the same, or to impose terms, conditions, and regulations as to the continuance thereof, in the interest of the applicant; and such order may be made thereupon, as justice requires. If the first warrant is vacated, or the attachment thereunder is released or discharged, without affecting the cause of action prosecuted by the plaintiff therein and the sheriff jointly, the plaintiff in the warrant next in order, may, upon his own application, be substituted as joint plaintiff with the sheriff, by an order, made as upon an application for leave to bring such an action. See ante, §§ 677–680. plaintiff allowed mence jointly sheriff. § 704. A plaintiff in a second warrant may apply to the court Junior or judge, upon notice to the plaintiff in the first warrant, and to may be the sheriff, for leave to bring and maintain, in the name of himself to comand the sheriff jointly, any action, which might be brought in the action name of the senior plaintiff and the sheriff. If it appears that the with plaintiff in the first warrant neglects or refuses to be joined with the sheriff in such an action, or to comply with the terms, conditions, and regulations, imposed, either upon granting him an order for that purpose, or upon the hearing of an application, made as prescribed in this section, the court or judge may grant to the plaintiff in the second warrant, leave to bring and maintain such an action, in the name of himself and the sheriff jointly, with like effect, as if his was the first warrant. New. third and sequent creditors. § 705. Where there are more than two warrants of attachment, Rights of against the same defendant, the plaintiffs in the third and each sub- other subsequent warrant have, according to their respective priorities, the attaching same rights and privileges, as against the plaintiffs in all senior warrants, which the plaintiff in the second warrant has, as against the plaintiff in the first, and are subject to the same duties and liabilities; except that a second extension of the time, within which to furnish an undertaking to prevent the release of a foreign vessel, or a share or interest therein, shall not be granted. And the plaintiffs in two or more junior warrants of attachment, may, by agreement among themselves, take jointly, and for their common benefit, any proceeding, permitted by this title to be taken, by the plaintiff in a second or subsequent warrant of attachment; provided that it does not interfere with the preferential or other right of an intermediate plaintiff. New. Execution to issue to sheriff levied. ARTICLE FIFTH. PROCEEDINGS AFTER JUDGMENT; RIGHTS OF PARTIES AND DUTIES OF THE MENT DISCHARGED. SEC. 706. Execution to issue to sheriff who has levied. 707. When judgment enforceable only against attached property. 708. Judgment in the principal action; how satisfied. 709. When attachment discharged, etc., property to be restored to defendant. 710. Additional provision for his relief. 711. Cancelling notice attaching real property. 712. When sheriff to return warrant and his proceedings. § 706. Where a levy, under a warrant of attachment in an action, has been made, an execution against property, upon a final who has judgment in favor of the plaintiff therein, recovered after the expiration of the term of office of the sheriff, who made the levy, must nevertheless be directed to and executed by that sheriff, unless another person is designated by law to complete the unfinished business pertaining to his office; or, in that case, to the person so designated. When judgment New. See McKay v. Harrower, 27 Barb. 463; ante, § 184, subd. 4. § 707. [Amended, 1877.] Where a defendant, who has not enforce appeared, is a non-resident of the State, or a foreign corporation, and the summons was served without the State, or by publication, property. pursuant to an order obtained for that purpose, as prescribed in able only against attached Judgment in the chapter fifth of this act, the judgment can be enforced only against the property which has been levied upon, by virtue of the warrant of attachment, at the time when the judgment is entered. But this section does not declare the effect of such a judgment, with respect to the application of any statute of limitation. New. See Force v. Gower, 23 How. 294; Fitzsimmons v. Marks, 66 Barb. 333; Fiske v. Anderson, 12 Abb. 8; S. C., 33 Barb. 71. § 708. [Amended, 1877.] Where an execution against property principal is issued upon a judgment for the plaintiff, in an action in which a warrant of attachment has been levied, the sheriff must satisfy it, as follows: action; how satisfied. 1. He must pay over to the plaintiff all money attached by him, and the proceeds of all sales of perishable property, or of any vessel or share or interest therein, or animals, sold by him, or of any debts, or other things in action collected or sold by him; or so much thereof as is necessary to satisfy the judgment. 2. If any balance remains due, he must sell, under the execution, the other personal property attached, or so much thereof as is necessary; including rights or shares in the stock of an association or corporation, or a bond or other instrument for the payment of money, executed and issued, with the interest coupons annexed, if any, by a government, state, county, public officer, or municipal or other corporation, which is in terms negotiable, or payable to the bearer or holder, the principal whereof is not then payable; but not including any other debt or thing in action. If the proceeds of that property are insufficient to satisfy the judgment, and the execution requires him to satisfy it out of any other personal property of the defendant, he must sell the personal property, upon which he has levied by virtue of the execution. If the proceeds of the personal property, applicable to the execution, are insufficient to satisfy the judgment, the sheriff must sell, under the execution, all the right, title, and interest, which the defendant had in the real property attached, at the time when the notice was filed, or at any time afterwards, before resorting to any other real property. 3. If personal property attached, belonging to the defendant, has passed out of the hands of the sheriff, without having been sold or converted into money, and the attachment has not been discharged as to that property, he must, if practicable, regain possession thereof; and, for that purpose, he has all the authority which he had, to seize the same under the warrant. A person, who wilfully conceals or withholds such property from him, is liable to double damages, at the suit of the party aggrieved. 4. Until the judgment is paid, he may collect the debts and other things in action attached, and prosecute any undertaking, which he has taken in the course of the proceedings, and apply the proceeds thereof to the payment of the judgment. 5. At any time after levying the attachment, the court, upon the petition of the plaintiff, accompanied with an affidavit, specifying fully all the proceedings of the sheriff, since the levy under the warrant, the property attached, and the disposition thereof; and the affidavit of the sheriff, showing that he has used diligence, in endeavoring to collect the debts and other things in action attached, and that a portion thereof remains uncollected; may direct the sheriff to sell the remaining portion, upon such terms, and in such manner, as When attach charged, etc.. property to be restored it thinks proper. Notice of the application must be given to the defendant's attorney, if the defendant appeared in the action. If the summons was not personally served on the defendant, and he did not appear, the court may make such order as to the service of notice, as it thinks proper; or may grant the application without notice. See Code Pro., § 237; Wait's Code, 413; 2 Wait's Pr. 194-197; and see Brewers and Maltsters' Insurance Com pany v. Davenport, 10 Hun, 264; Pickersgill v. Read, 7 id. 636. § 709. [Amended, 1877.] Where a warrant of attachment is ment dis- vacated, or annulled, or an attachment is discharged, upon the appli cation of the defendant, the sheriff must, except in a case where it is otherwise specially prescribed by law, deliver over to the defendant, to defend- or to the person entitled thereto, upon reasonable demand, and upon payment of all costs, charges, and expenses, legally chargeable by the sheriff, all the attached personal property remaining in his hands, or that portion thereof, as to which the attachment is discharged; or the proceeds thereof, if it has been sold by him. ant. Additional provision for his relief. See Code Pro., §§ 237, 239 and 240; 2 Wait's Pr. 197. § 710. Where the sheriff is required, by this title, to deliver attached property, or the proceeds thereof, to the defendant, he must also deliver to him, unless otherwise specially directed by the court or judge, all books of account, vouchers, evidences of debt, muniments of title, or other papers, relating to the property, either real or personal, or to its proceeds; together with all undertakings, relating thereto, which he has taken in the course of the proceedings, and which have not been fully satisfied; except an undertaking, given by the defendant, upon the discharge of property. He must also deliver a written assignment, duly acknowledged, of each undertaking, so delivered, and of each other instrument, to which the defendant is thus entitled, an assignment of which is necessary to perfect or protect the defendant's title thereto. The defendant must also, but upon his own application only, be substituted in place of the sheriff, or the sheriff and the plaintiff jointly, in an action brought as prescribed in this title; but the court or judge may impose, as a condition of granting the order of substitution, such terms as justice requires, with respect to indemnity and payment of expenses. The defendant's rights, with respect to property attached and not disposed of, and an undertaking, or other instrument, to which he is thus entitled, are the same as those of the sheriff, while the warrant was still in force, except where his rights are specially defined or regulated by law. New in form. See Code Pro., § 239. ling notice real prop § 711.* At any time after the warrant of attachment has been Cancelvacated or annulled, or the attachment has been discharged as to attaching real property attached, the court may, in its discretion, upon the erty. application of any person aggrieved, and upon such notice as it deems just, direct, that any notice, filed for the purpose of attaching the property, be cancelled of record, by the clerk of the county where it is filed and recorded. The cancellation must be made by a note, to that effect, on the margin of the record, referring to the order; and, unless the order is entered in the same clerk's office, a certified copy thereof must, at the same time, be filed therein. See Code Pro., § 132, last sentence; Wait's Code, 163, 164; 2 Wait's Pr. 171. This section supersedes the rule laid down in Mills v. Bliss, 55 N. Y. sheriff to warrant § 712. Where a warrant of attachment has been vacated or When annulled, the sheriff must forthwith file, in the clerk's office, the return warrant, with a return of his proceedings thereon. Upon the appli- and his cation of either party, and proof of the sheriff's neglect, the court ings. may direct him so to do, forthwith, or within a specified time. Code Pro., 242, amended; 2 R. S. 14, § 66. See Wait's Code, 418; 2 Wait's Pr. 197. proceed when ap § 713. In addition to the cases, where the appointment of a Receiver; receiver is specially provided for by law, a receiver of property, pointed. which is the subject of an action, in the supreme court, a superior city court, or a county court, may be appointed by the court, in either of the following cases: 1. Before final judgment, on the application of a party who estab |